RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01922
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 DEC 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Medal of Honor (MOH).

2.  Numerous administrative corrections be made to  his  military  personnel
records.

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APPLICANT CONTENDS THAT:

Guidelines for award of the MOH were met during the contested  time  period.
He was in a combat related situation which delayed  the  final  decision  on
awarding him the MOH.  He states he saved a communication center from  being
sabotaged and was involved in preventing two other base  sabotage  attempts.
One of which he grabbed a live grenade out of a saboteur  hands  saving  the
complete destruction of their most vital communications  center  and  direct
line to Russia.  He states that General L. M-- recommended him for  the  MOH
and President Kennedy concurred.  He was also assigned to Air Force  One  on
presidential duty as an air policeman, and often went above and  beyond  the
call of duty.  He further states  that  his  case  was  caught  between  the
changes in the new rules for applying for the MOH, and that his case  should
be considered under the old rules since it happened in 1963.

In support of his request, the applicant provided a personal  statement  and
documents extracted from his military personnel records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________




STATEMENT OF FACTS:

The applicant with 7 years, 4 months, and 7 days  of  total  active  service
served as a security policeman and was honorably discharged on 8 March  1968
under the provisions of AFM 39-10.

The MOH, established  by  joint  resolution  of  congress,  July  12,  1862,
(amended by Act of July 9, 1918, and Act of July 25,  1963)  is  awarded  in
the name of congress to a person, who, while a member of the  armed  forces,
distinguishes himself or herself conspicuously by gallantry and  intrepidity
at the risk of his life above and beyond the call of duty while  engaged  in
an action against any enemy of the United States; while engaged in  military
operations involving conflict with  an  opposing  foreign  force;  or  while
serving with friendly foreign forces engaged in an  armed  conflict  against
an opposing armed force in which the United  States  is  not  a  belligerent
party.  The deed must have been one of personnel bravery or  self-sacrifice,
an  action  that  conspicuously  distinguished  the  individual  above   his
comrades.  Incontestable proof of the performance of service is exacted  and
the recommendation for  award  of  this  decoration  is  considered  on  the
standard of extraordinary merit.  Eligibility is limited to members  of  the
armed forces of the United States in active military service.

The applicant’s remaining request are  addressed  in  AFPC/DPF’s  memorandum
dated 17  August  2005,  which  states  that  all  documents  the  applicant
submitted have been previously filed and  are  currently  in  his  personnel
record, with the following exceptions:  AFPC/DPF  cannot  add  the  AF  Form
910, TSGT, SSGT, and A1C Performance Report, ending 8  March  1968,  to  his
record as it appears to be  an  incomplete  and/or  altered  copy  and  they
cannot verify the validity of the document.  At the time he served, AFR  35-
44, Military Personnel Records System, and the current instruction, AFI  36-
2608, Military Personnel Records Systems, prescribe(d) which  documents  are
filed in the personnel record.   The  DD  Form  256AF,  Honorable  Discharge
Certificate, which is only issued as an original document to the  individual
concerned, and the AF Form 626,  Request  and  Authorization  for  Temporary
Duty Travel of Military Personnel, are not filed in  the  personnel  record.
In regards to updating the AF Form 7 to  include  performance  reports,  the
SAC  Educational  Achievement  Award,  the  USAFE  Conspicuous   Educational
Achievement Award and security clearance data:  the AF Form 7 is  no  longer
a valid Air Force form and is maintained as a historical record only and  it
would be inappropriate to correct the form.   Please  note  that  since  the
performance reports are filed in  his  records,  they  alone  would  provide
proof of the record.  Although the certificates and/or letters from the  SAC
Educational Achievement Award and USAFE Conspicuous  Educational  Award  are
not   filed   in   the   personnel   record,   in   accordance   with    the
regulation/instruction listed above, they are mentioned on  his  performance
reports as being awarded.  Unfortunately, there were no AF  Forms  47  filed
in his record.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states after a complete review  of  the
applicant’s official military record and provided documentation,  DPPPR  was
unable to verify the applicant’s entitlement to the MOH.  DPPPR  was  unable
to find evidence of a recommendation from  neither  the  President  nor  the
applicant’s chain of command recommending him for the MOH.

Note:  Paragraph c of the advisory opinion reflects the contested  award  as
the DFC; however it should reflect MOH.

The DPPPR complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 August 2005, the evaluation was forwarded to the applicant for  review
and comment within 30 days.

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CORRECTED AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the applicant states  there  was
a combat issue that delayed the final decision on  his  award  of  the  MOH;
however, DPPPR is unable to find documentation to validate this claim.   The
applicant states he saved  a  communication  center  from  being  completely
sabotaged and was recommended for award of the MOH.   The  applicant  states
he also was  involved  in  preventing  two  other  sabotage  attempts.   The
applicant was also assigned to Presidential duty on Air Force One as an  air
policeman, and relates several times he had to go above and beyond the  call
of duty.  He also contends that his case was caught between the  changes  in
the new rules for applying  for  the  MOH,  and  that  his  case  should  be
considered under the old rules since it happened in 1963.

After a  review  of  the  applicant’s  record  and  provided  documentation,
AFPC/DPPPR was unable to verify the  applicant’s  entitlement  to  the  MOH.
DPPPR was unable to find evidence  of  a  recommendation  from  neither  the
President nor  the  applicant’s  recommending  official  that  he  would  be
recommended for the MOH.  DPPPR is also unable to locate  any  documentation
to substantiate the MOH was endorsed and supported by any  officials  within
the applicant’s chain of command.

The DPPPR complete evaluation, with attachment, is at attachment Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 September 2005, the evaluation was  forwarded  to  the  applicant  for
review and comment within 30 days (Exhibit  F).   On  5  October  2005,  the
applicant requested his case be temporarily withdrawn (Exhibit  G).   On  13
October 2005, the applicant’s case was temporarily withdrawn  in  accordance
with his request (Exhibit H).  In August 2006, the applicant  requested  his
case be reopened (Exhibit K).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed; however, it is in  the  interest
of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the  applicant’s  submission,  we
are not persuaded he should be awarded the MOH.  Neither  evidence  provided
by the applicant  nor  the  service-member’s  records  substantiate  he  was
recommended for the MOH from either the President or  officials  within  his
chain of command.  The personal sacrifice the former member endured for  his
country is noted and our decision in no way diminishes the  high  regard  we
have for his service; however, insufficient documentary  evidence  has  been
presented to warrant awarding him the MOH.  In  regard  to  the  applicant’s
request to have numerous administrative corrections  made  to  his  military
personnel  records,  we  are  in  complete  agreement  with   the   AFPC/DPF
memorandum dated 17 August 2005.  Therefore, in the absence of  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and the application will only be reconsidered upon  the
submission of newly discovered relevant evidence not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
01922 in Executive Session on 8 Mar 07, under  the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Teri G. Spoutz, Member
                 Ms. Renee M. Collier, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 25 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 26 Aug 05.
   Exhibit E.  Letter, AFPC/DPPPR, dated 15 Sep 05.
   Exhibit F.  Letter, SAF/MRBC, dated 19 Sep 05.
   Exhibit G.  Letter, Congressman Jon Porter, dated 5 Oct 05.
   Exhibit H.  Letter, SAF/MRBC, dated 13 Oct 05.
   Exhibit I.  Letter, SAF/MRBC, dated 21 July 06.
   Exhibit J.  Letter, SAF/MRBC, dated 10 Aug 06.
   Exhibit K.  Letter, Applicant, 20 Aug 06, w/atchs.





                       THOMAS S. MARKIEWICZ
                       Chair